BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160002304 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160002304 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ______________x___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160002304 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his social security number (SSN) as 245-XX-XXXX instead of 360-XX-XXXX. 2. The applicant states he discovered the error when applying for benefits with the Department of Veterans Affairs. He believes a mix-up in his SSN must have occurred either when he volunteered for Vietnam from Thailand or when he processed out of Vietnam. As a minister, he lived out of boxes for 30 years. When he pulled his DD Form 214 out of a box to frame it, as well as apply for disability benefits, he discovered the error at that time. 3. The applicant provides: * self-authored statement * DD Form 214 * Social Security Administration printout, dated 3 November 2008 * social security card * Burke County Veterans Services letter, dated 6 January 2016 * Social Security Administration letter, dated 21 April 2016 * National Personnel Records Center (NPRC) letters, dated 26 April 2012, 2 March 2016, and 11 May 2016 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 28 July 1966. His SSN is not reflected on his DD Form 4 (Enlistment Record – Armed Forces of the United States). 3. The following documents in his military records show his SSN as 360-XX-XXXX: * DA Form 20 (Enlisted Qualification Record) * U.S. Army Flight Training Center and Fort Stewart Special Orders Number 120, dated 15 May 1969 * U.S. Army Reserve Personnel and Administration Center Letter Orders Number 06-1204773, dated 21 June1972 4. On 1 June 1969, he was honorably released from active duty. Item 3 (Social Security Number) of his DD Form 214 shows his SSN as 360-XX-XXXX. 5. There are no documents in his military records showing his SSN as 245-XX-XXXX. 6. The social security card and the documents he provided from the Social Security Administration show his SSN as 245-XX-XXXX. 7. A letter from Burke County Veterans Services, dated 6 January 2016, requests the Army Review Boards Agency (ARBA) to consider the applicant's request for SSN correction. 8. The applicant provided three letters from NPRC, dated 26 April 2012, 2 March 2016, and 11 May 2016. Two of the letters indicate a search of the NPRC registry using the name and SSN which he provided returned negative results. A third letter, dated 11 May 2016, indicated the applicant's personnel record was loaned to ARBA and had not yet been returned to the NPRC. 9. A letter from ARBA to the applicant's Member of Congress, dated 16 May 2016, informed the Senator the applicant has an open application pending review with the ABCMR and he would be notified of the decision upon completion. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. DISCUSSION: 1. There is no evidence the SSN shown on his social security card, 245-XX-XXXX, was ever recorded in his military records. All of his military records reflect his SSN as 360-XX-XXXX. 2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. 3. A copy of this decisional document will be filed in the applicant's official military records. This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and that shown on his social security card. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002304 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002304 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2